Generate a structured brief — facts, issues, held, reasoning, and significance — for this case in seconds. Or browse the verbatim judgment via the source links below.
The appellant appeals to the Upper Tribunal from the decision of the First-tier Tribunal (Judge Graham sitting at Birmingham on 3 September 2015) dismissing on Article 8 ECHR grounds the appellant's appeal against the decision of an Entry Clearance Officer to refuse him entry clearance as a family visitor for a period of fifteen days.
On 14 March 2016 Upper Tribunal Reeds granted the appellant permission to appeal for the following reasons:
Whilst this was a case in which jurisdiction was restricted to human rights considerations, in the light of the decision of Kaur (Visit appeals: Article 8) [2015] UKUT 487 it is arguable that the judge erred in the consideration of Article 8 in the context and against the background of the evidence of the Appellant's ability to meet the Immigration Rules.
Furthermore, as the grounds set out, the judge arguably erred in law by not considering the evidence submitted in relation to his wish to visit his grandmother in the light of the evidence provided both with the application and subsequently and as to whether the interests covered by Article 8 were of a 'particularly pressing nature' so as to give rise to a 'strong claim that compelling circumstances may exist to justify the grant of leave to enter outside of the Rules'. (See decision in SS (Congo) [2015] EWCA Civ 387 and decision in Kaur (as cited)).
At part 7, he was given the opportunity to provide additional information. He was asked whether there was any other information which he wished to be considered as part of his application. He left this blank.
Auto-extracted from BAILII. Full structured brief in progress — the source links below give you the verbatim judgment in the meantime.
Multiple official and mirror sources — pick whichever loads cleanly on your network.
Common Room
0 comments · About the Common Room →
No comments yet — start the discussion.
Voted-best comments help future students and feed Caselaw's AI study tools.